SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2003 Supreme(Pat) 265

PATNA HIGH COURT
Sachchidanand Jha, Narayan Roy and R.S.Garg JJ.
In Re
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 1220 of 2002 ;
Miscellaneous Jurisdiction Case No. 722 of 2002 ;
Decided On : MARCH 05, 2003

Headnote:

The Court held that the police officers' actions of shouting slogans and vandalizing the court premises constituted criminal contempt of court, as they scandalized and lowered the authority of the court. The Court found that the Dy. S.P. had tacitly supported the incident and that SI Arun Paswan had instigated the police officers to act in this manner. The Court also found that SIs Sakaldeo Yadav and Syed Ahmed Khan had played a leading role in the incident. The Court rejected the apology tendered by the contemners and sentenced SIs Sakaldeo Yadav, Syed Ahmed Khan, and Arun Paswan to two months simple imprisonment each, and Dy. S.P. Sudarshan Prasad Mandal to a fine of Rs. 1000 or 15 days simple imprisonment in default. The Court also clarified that these sentences would not prejudice any departmental action that may be taken against the contemners.

Fact of the Case:

A group of police officers, led by Dy. S.P. Sudarshan Prasad Mandal, SIs Sakaldeo Yadav and Syed Ahmed Khan, indulged in slogan shouting and vandalism in front of the Court of the District & Sessions Judge, Rohtas, in Sasaram, Bihar. The incident took place on 19-1-2002, after SI Arun Paswan, Officer-in-Charge of Bikramganj PS, was detained in the Court of the District & Sessions Judge for not submitting the case diary in a criminal case.

Finding of the Court:

The Court found that the police officers' actions constituted criminal contempt of court, as they scandalized and lowered the authority of the court. The Court found that the Dy. S.P. had tacitly supported the incident and that SI Arun Paswan had instigated the police officers to act in this manner. The Court also found that SIs Sakaldeo Yadav and Syed Ahmed Khan had played a leading role in the incident.

Issues: Whether the police officers' actions constituted criminal contempt of court.

Ratio Decidendi: The Court held that the police officers' actions of shouting slogans and vandalizing the court premises constituted criminal contempt of court, as they scandalized and lowered the authority of the court. The Court found that the Dy. S.P. had tacitly supported the incident and that SI Arun Paswan had instigated the police officers to act in this manner. The Court also found that SIs Sakaldeo Yadav and Syed Ahmed Khan had played a leading role in the incident. The Court rejected the apology tendered by the contemners and sentenced SIs Sakaldeo Yadav, Syed Ahmed Khan, and Arun Paswan to two months simple imprisonment each, and Dy. S.P. Sudarshan Prasad Mandal to a fine of Rs. 1000 or 15 days simple imprisonment in default. The Court also clarified that these sentences would not prejudice any departmental action that may be taken against the contemners.

Final Decision: The Court sentenced SIs Sakaldeo Yadav, Syed Ahmed Khan, and Arun Paswan to two months simple imprisonment each, and Dy. S.P. Sudarshan Prasad Mandal to a fine of Rs. 1000 or 15 days simple imprisonment in default. The Court also clarified that these sentences would not prejudice any departmental action that may be taken against the contemners.

Judgment

Sachchidanand Jha, J.

1. These proceedings arise out of an unfortunate incident which took place in and around the Court of the District and Sessions Judge, Rohtas at Sasaram on 19-1-2002.

2. Briefly stated, notice was issued by the Sessions Judge, Rohtas to the Officer-in-Charge of Bikramganj Police Station, S.I. Arun Paswan, to show-cause in terms of sec. 349 of the Criminal Procedure Code for non-production of the case diary despite adjournments in connection with hearing of Bail Petition No. 1671 /2001 arising out of Bikramganj P.S. Case No. 200/2001 under Secs. 302 and 201/34 of the Indian Penal Code, 1860. On 19-1-2002, SI Arun Paswan appeared before the Sessions Judge and filed show-cause along with papers. The Sessions Judge found that the case diary had been written only up to 28-11-2001. After show-cause notice was issued three paragraphs were written but there was no investigation after 28-11-2001, even though it was a Special Report case. The learned Judge found that from the Station Diary it appeared that the Officer was present at the police station upto 9-1-2001 but did not care to send the case diary. The learned Judge concluded that his conduct amounted to disobedience of the Courts order and accordingly directed him to file further show-cause why he should not be remanded to custody. He was meanwhile directed to remain present till rising of the Court at 4.30 p.m. When the learned Judge sat after the luncheon recess and was in the midst of hearing Cr. Revision No. 334/2001, a group of persons in plain clothes as well as in police uniform were seen in front of the Court room. They were shouting abusive slogans against the Judge. The Officer-in-Charge of Sasaram (Town) Police Station and the Personal Security Guard of the District Judge took position on the Varanda outside the Court rooms to prevent them from entering the Court room, The advocates were excited and the learned Judge felt that untoward incident might take place. He requested them to resume their seats or to return to their Association. He learnt that the aforesaid group was led by Sudarsan Prasad Mandal, Dy. S.P. Sasaram, S.I. Sakaldeo Yadav and S.I. Syed Ahmad Khan. The learned Judge further came to learnt, later, that a meeting had been held in the Chambers of the Dy. S.P. where S.P. Rohtas was also present and he had instigated the police officials to create pandemonium and assault him as well as other Judicial Officers and employees of the Civil Courts. The Registrar, Rohtas Civil Courts telephonically informed the police office but no response came.

3. The District & Sessions Judge sent a report to this Court through the Registrar General narrating the incident to the above effect vide his confidential letter No. 5 dated 19-1-2002. He stated in the report, inter alia, that the incident was result of his pulling up the police officials for falsely implicating innocent persons, being slack in assisting the Court and conducting the investigation. The fact that the police was ill-disposed had also been reported in the newspapers. He sent another report, in continuation of the earlier one, vide confidential letter No. 7 dated 22/23-1-2002. Therein he disclosed the names of police officials (besides SI Sakal Deo Yadav and St Syed Ahmad Khan) who had indulged in the incident of 19-1-2002. They were Inspector Alvin Tigga of Sasaram (Muffasil) Police Station, SI Pawan Kumar, Agreh Police Station, SI Srikant Paswan of Nokha Police Station, SI Anil Kumar Yadavndu of Kochas Police Station and SI Kapildeo Singh of Chenari Police Station. They were led by Shri Sudarsan Prasad Mandal, Dy. S.P, of Sasaram, as already indicated in the previous report. They were raising slogan of "District Judge Murdabad, Bhagalpur Dohrana Hai" and other abusive slogans. They were also carrying their official arms. The learned Judge stated that during the luncheon recess, SI Arun Paswan, who had been ordered to remain in Court after rejecting his show-cause, had gone




























































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top